Switzerland / 05 November 1985 / Switzerland, Tribunal Fédéral (Federal Tribunal) / Tracomin SA v. Sudan Oil Seeds Co Ltd
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 05 November 1985 |
| Parties | Tracomin SA v. Sudan Oil Seeds Co Ltd |
| Applicable NYC Provisions | II | II(2) |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | A contract between Tracomin and Sudan Oil Seeds did not provide for arbitration when concluded. Sudan Oil Seeds proposed ad hoc arbitration by fax and letter. Tracomin replied, by fax, that it had appointed an arbitrator. After the award was rendered and its enforcement was sought, the appellant (Tracomin) argued that the award was not enforceable as there had been no arbitration clause in the contract. The Swiss Federal Tribunal dismissed the appeal, holding that the exchange of communications between the parties had satisfied the formal requirements in Article II(2) NYC (5). The court also held that an exchange of faxes could be equated with an exchange of telegrams, as referred to in Article II(2) NYC (5). |
| see also : |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
